COMMISSIONERS MEETING                                                      SEPTEMBER 27, 2004


The Elmore County Commissioners met in regular session on the above date in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho 83647.

Present at the meeting were Chairperson Mary Egusquiza and Commissioners Larry Rose and Calvin Ireland. Also present at the meeting was Clerk Gail Best.

Fred Perez of Idaho Waste Systems, Inc. and Marty Jones of Central District Health appeared before the Board to discuss various issues. Commissioner Rose asked Mr. Perez the date and time that the Board was invited to the demonstration at Idaho Waste and Mr. Perez stated it was scheduled for 10:00 a.m. on October 5, 2004. Commissioner Rose asked Mr. Perez if he knew anything about some commercial loads being taken to Bennett Road and IWS, such as cardboard which should be recycled and C & D materials. Fred stated that BFI and Mountain Home Disposal apparently did bring cardboard to Bennett Road a few weeks ago and IWS has received some C&D at their site but that they were paid for taking the material. Commissioner Rose stated his concern is that cardboard being taken to Bennett Road would fill the site unnecessarily. Commissioner Rose stated that the Board needs to send a letter to IWS and the City that this material should be taken directly to IWS and not Bennett Road. Marty Jones stated that it is important that this additional waste is kept out of Bennett Road and encouraged the Board to write a letter. Mr. Jones added that Bennett Road is a fully operational “moth balled” landfill and a C&D site for Mom and Pop, not commercial. Commissioner Rose stated he did not want the site to fill up because digging an additional pit would cost about $25,000.00 and the taxpayers should not have to pay for that because commercial business was using it.

Marty Jones reported on his follow up visit to the Glenns Ferry Landfill where he met with Mark Simons. Mr. Jones stated that the landfill continues to show improvement and that the litter fence is partly completed already. A road has also been started so that prisoners working the SILD program can get down there to pick up the litter that accumulates. There was also discussion regarding the property lines and finding the pins. Chairperson Egusquiza asked if any training has been found for Mark? Mr. Jones said he has been encouraging Mark to go out and see the IWS site and see how it operated for some immediate training. Mr. Perez stated the Idaho Solid Waste Association, of which he is a Board member, is meeting in October to set up their future training schedule and that the Solid Waste Association of North America provides some training annually as well. Mr. Perez will get Mark a training schedule as soon as one is set up. Chairperson Egusquiza asked if Mark would get a certificate when he completes training and Fred stated he would.

There was general discussion with Marty Jones about the contaminated well water situation. Mr. Jones stated he is fielding a lot of the questions to DEQ in Boise.


Marla Spence, Coroner, appeared before the Board to discuss Coroner issues. Marla told the Board that she had turned in her resignation at Summers effective the end of the month. Commissioner Rose stated that he felt he needed to apologize to Marla for a misconception he had about her driving a Summer’s vehicle to a scene. Commissioner Rose stated he did not realize that there were no markings on the vehicle to identify it as belonging to Summers, but simply an unmarked van with tinted windows. He asked Marla why she had not mentioned that during their last discussion and Marla replied he had not asked her. Commissioner Rose told Marla she needed to speak up and stand up for herself in those kind of situations. Marla showed the Board a bill she had received from the Rost Funeral Home for pick up and storage of a body prior to autopsy. Marla stated it surprised her since Summers had not ever charged for that service. Geraldine Miranda, 685 South 36th West and Sherin Olson, 1090 North 6th East asked if they could speak. The Board stated it was fine if Marla did not mind. Ms. Miranda stated that they were there to support Marla and to tell the Board that Marla always had been fair and continues to be fair in her actions and that she always puts the deceased’s family members first. Ms. Miranda stated Mr. Rost knows that, since they had worked together for a long time. Ms. Miranda added that she feels badly that Marla now had to resign at Summers because of this issue, since it has been a major portion of her income for a long time. Marla asked whether she could work at Summers in Boise? The Board suggested that she consult with the Prosecutor but it would seem she could out of County. Rotation of funeral homes monthly was discussed since some counties do it that way where multiple funeral homes exist. A vehicle for the Coroner was discussed, the Board will see if the Sheriff has anything suitable.

The elected officials and department heads met with the Board for their regular monthly meeting. Gail Best, Clerk, stated that they have been quite busy with election matters now and that, as of Friday, 438 absentee ballots have been requested - thirty in the Courthouse and the rest by mail. Gail said it appears this will be an extremely high absentee ballot year.

Jim Haydon, Assessor, and Jo Gridley, his Chief Deputy, asked if the Board had received the letter from the State Tax Commission regarding software, and they had. Jim said that Computer Arts and Manitron are the two major competitors right now. Some counties are going with Pro-Val and some with the AS400. Jo Gridley stated that some of the counties have gone with Pro-Val do not like it now that they have it in use, Twin Falls County is one of those counties. Jim also stated that last year the legislature passed HB488 regarding speculative land sites. Jo said here we have handled the situation by putting the land into Category 8 until something is built on the parcel and that has worked well with new developed subdivisions but the problem is with the old subdivisions in Hammett, or Garrett subdivision here and similar ones. Jo suggested that they would like to have the developers make application which would come before the Board to be considered on a case by case basis. Jim stated that the mapping process is coming along. Debbie Miller has passed the mapping course by the State Tax Commission and now Duane Priest has been doing training here for two days with her on GIS. Jim also stated that the County may have to purchase another plotter this year because the one they have is over at Growth and Development being used for addressing maps and, although they are networked, it works better if the plotter is physically located near the computer being used - a better quality copy is produced.


Ed Frachiseur, Public Defender told the Board that they are now several days from the trial, and in the process of reviewing the jury questionnaires completed last week. Mr. Frachiseur stated his office staff has been working extremely long hours and he needs to pay them overtime. Mr. Frachiseur stated he felt that $3,000.00 should cover it all and he would like to move the money from his “B” budget to his “A” budget to pay it. There was discussion on whether this should be done in the 2004 or 2005 budget. Clerk Best checked with payroll to see if it would be possible to calculate and pay the overtime in the 2004 budget since payday is Thursday. Clerk Best said it could be done. There was discussion about which budget lines to use. Motion by Egusquiza, second by Rose, to pay the overtime earned by the office staff in the Public Defender’s office by moving the budget from 122-422-02-041 to a new line item 122-422-01-001.20.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Teri Lasuen, Chief Deputy Treasurer, stated she had no report but was there to listen.

Dan Collins, Plant Facility Manager, stated his staff is doing some sidewalk repairs now and will be having some trees removed that have died. Dan reported a new recording machine has been ordered for the Commissioner’s room and should be arriving this week. The property across the street from the Sheriff’s office was discussed in general.

Rick Layher and Marla Spence appeared together to discuss the Coroner’s vehicle situation. Rick stated he would speak to the surplus office to see what they have. In the meantime it was agreed that Marla could use the vehicle that Growth and Development has that Mark used.

Sheriff Layher asked about getting water to the property in Atlanta that was held from the tax deed sale. Chairperson Egusquiza said there is actually city water in that area which is obtainable. There was also discussion about whether property should be obtained in Pine for deputy use. Sheriff Layher stated at one time Lucille Wilson had offered to donate a piece of her property in Pine. Sheriff Layher will check with the Wilson family and the Forest Service on the possibility of some donated land.

Bonnie Sharp, of the Growth & Development Department stated that the E-911 Board would probably vote to return the plotter to the Assessor’s office. Bonnie stated the main concern and focus at their department is the dairies.

Ted Knudson of the Juvenile Probation office appeared with two contracts to renew. Ted stated the Prosecutor had reviewed them. Motion by Rose, second by Egusquiza to renew the counseling contract with Charles Jewell and the detention contract with Canyon County as presented.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Ted Knudson also presented the Board with his August activity report. Ted also stated that Elmore County has zero kids with the Department of Juvenile Corrections which shows our programs are working.

Tom Gibbon, Chief of Security, reported that the employee identification badges have been updated to accommodate the new hours for employees which begin October 1, 2004.

Motion by Egusquiza, second by Ireland, to take a brief recess.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Bret and Laurie Silver appeared before the Board to discuss trash hauling issues. Bret stated that the dumpsters at Pine have had lots of cinder blocks and asphalt shingles in them. Bret also reported that Hammett and King Hill sites are still messy, but they are better since the Sheriff and Commissioner Rose spoke with several of the residents going through trash. Laurie Silver asked the Board if they had each received copies of their latest letter outlining their expenses. Commissioner Egusquiza stated that the increase they were asking for amounted to $4,640.00 per month more than the current contract and that she did not feel the Silver’s should even be there to negotiate since the County’s contract is with Mark Simons. Commissioner Rose stated that, according to the Prosecutor, Mark Simons has a right to get someone to do the contract, but that ultimately he is responsible. Various aspects of the pick up of trash was discussed and how to better improve the service.

Motion by Egusquiza, second by Rose, to adjourn for lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

At 1:15 p.m. the Elmore County Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Indigent Director Marianne Bate on a motion by Egusquiza, second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The following decisions were made:

NM-09-04-04 Motion by Rose, second by Ireland, to deny as application was withdrawn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-08-04-07 Motion by Rose, second by Ireland, to deny as not a resident, incomplete application, and not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-07-04-01 Motion by Egusquiza, second by Ireland, to approve and add to existing application.
EGUSQUIZA - AYE

ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-08-04-06 Motion by Ireland, second by Rose, to deny for all reasons.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-08-04-08 Motion by Rose, second by Egusquiza, to deny as no interview and not indigent.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-08-04-09 Motion by Rose, second by Ireland, to deny as incomplete application, and not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Rose, second by Ireland, to approve the minutes from August 31, 2004, September 2, 2004, September 7, 2004, September 8, 2004 and September 13, 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to approve the expenses.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Decisions were made on the following indigent cases:

K-04-04-10 Motion by Rose, second by Ireland, to make a final denial as the applicant has never appeared.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-04-04-04 Motion by Rose, second by Ireland, to approve with a reimbursement order of $100.00 per month.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


K-01-04-08 Motion by Ireland, second by Egusquiza, to make a final denial due to lack of cooperation with the County and non attendance.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-11 Motion by Egusquiza, second by Rose, to make a final denial as the applicant has not made any attempt to give Elmore County any information.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-04-04-01 Motion by Ireland, second by Rose, to make a final denial as the applicant has not appeared and has not given the County any information.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-04-04-07 Motion by Rose, second by Egusquiza, to make a final denial as the applicant can pay the medical bill over a three year period and not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Bonnie Sharp from the Growth and Development Department appeared with two letter of information subdivisions for approval.

The first was for Robert Wolfe. Motion by Ireland, second by Egusquiza to approve the 4 Lot Letter of Information subdivision as presented by the Growth and Development Department.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Discussion followed on the appeal process of decisions made by the Planning and Zoning Commission and the Commissioners. The two items that come before the Commissioners after the Planning and Zoning Commission approves them are Letter’s of Information and Plats. It was decided that those items should not come before the Commissioners until after the appeal time is up. The appeal time is up fifteen days after the Planning and Zoning Chairman signs the Findings of Facts.

Ireland motioned to retract his motion, and Egusquiza seconded to retract her second on the approval of a 4 Lot Letter of Information subdivision on Robert Wolfe. The Letter of Information will be placed on the next agenda after the appeal time is up.
EGUSQUIZA - AYE

ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to approve and instruct the Chairman to sign the Letter of Information on Calmer and Enide Johnson as presented by the Growth and Development Department.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Tom Vallard and Carleen Braithwaite appeared before the Board to discuss trash issues. Ms. Braithwaite stated the main reason they were here was to see if the Board had received any answers to the Board’s letter to Mark Simons. Chairperson Egusquiza stated they had received everything they asked for. Ms. Braithwaite then asked whether a phone line had been set up to receive complaints? Chairperson Egusquiza stated it had not, Mark Russell had been working on that when he left the County. There was discussion about getting a complaint line installed. Ms. Braithwaite then asked if the dumpsters have been counted and numbered? Chairperson Egusquiza stated they had not, Mark Russell had been working on that as well when he left. Clerk Best stated they did have a count of how many dumpsters belonged to Mr. Simons and how many belonged to the County. Ms. Braithwaite stated that Bret and Laurie Silver have been running the service and that she is very pleased with their service. Mr. Vallard stated that King Hill and Hammett need to be cleaned up yet but that the actual collection site is looking better. Ms. Braithwaite stated that they are happy the situation is improving so well with the Silvers managing the pickups. Ms. Braithwaite added that, in her opinion, she and Mr. Vallard had saved the County a lot of money and improved the entire situation, which was their only interest.

The Board reviewed the Findings of Facts and Conclusions of Law for Ferenc Edes. Motion by Egusquiza, second by Rose to approve the Findings of Facts and Conclusions of Law.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The evaluation of the University of Idaho Extension Agent was discussed. The evaluation will be done later after the Board has had time to read through it.

The County Extension Agreement with the University of Idaho was reviewed. Motion by Rose, second by Ireland, to accept the Extension Agreement for 2004-2005.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Correspondence received by mail was discussed.


A public hearing was held to receive testimony concerning an application from Melvin Lillicotch to change the name of SW Division Rd. to SW Lillicotch Rd. The road is located going South off of Old Grandview Highway and proceeds 4.5 miles to SW Beet Dump Rd. SW Division Rd is also known as South 82nd West. The Chair asked if any written testimony had been received and the Clerk stated there was one from Dora Rios on September 23rd. The Chair read the letter into the record:

Re: Division Road name change

To Whom It May Concern:

My name is Dora Rios and I live on Division Road. I am opposed to the name change. Mr. Lillicotch had his property in such unkempt condition that it would reflect unfavorably on the other properties. My husband’s family has lived on Division Road since before they even had an actual road - that was in 1973. They were 1 to 2 families to move and live on Division first. So if anyone had the right to change the name it is the Silvas or Rios. These families have been on Division for over 30 years and that should be respected. Please leave the name as it stands now. The public, law enforcement, and school transportation already have a difficult time with all the other road name changes going on everywhere in Mountain Home and Elmore County; as I, myself, am a school bus driver. I hope you take this letter into serious consideration and deny this request. If you feel you need more information or input, go down Division Road yourself and see all the properties. You will notice the differences between Mr. Lillicotch’s area and the rest of the families. Please keep Division Road as it was then - is now - and should be for all children that are growing up here.

Thank You for your time,

/s/ Dora Rios

The Chair asked Bonnie Sharp of Growth & Development to come forward. Ms. Sharp gave a brief overview of the situation. Ms. Sharp stated the opinion of the Street Naming Committee and the E-911 Board was not to change the name. Ms. Sharp added the Elmore County Street Naming Ordinance stated that there should only be one name on a street. Commissioner Rose asked if Mr. Lillicotch was present at their hearing and Ms. Sharp stated he was not.

Alden Bessey, 5600 Division Road, read a letter of testimony into the record and submitted some photographs of Mr. Lillicotch’s property into the record:

September 27, 2004

Dear Commissioners,

I am strongly opposed to the renaming of Division Road (S. 82nd W.) To Lillicotch Rd for the following reasons:


* The purpose of the current street renaming project in Elmore County is to reduce or eliminate the confusion regarding street names, ie; duplicate and similar names for multiple streets, and multiple names for individual streets. Currently, the street in question, Division Road, is known as S. 82nd W. as well as Division Road. It is my understanding that Division Road has been chosen by the Street Renaming Committee as the official name. Adding yet another name to this street would only serve to add to the confusion, defeating the purpose of the renaming project.

* As evidenced by the attached photos, Mr. Lillicotch has chosen to keep his property in the fashion of a poorly maintained garbage dump. Additionally, he has kept a disgraceful tattered remnant of the American Flag hanging over his home for at least 2 years. It is apparent that Mr. Lillicotch has no respect for our country or his residence. I do not want this property or the name associated with it to be representative of where I live.

* I am perfectly happy with the current name of Division Road. It is easy to say and has a common spelling. I have no desire to spell “Lillicotch” over the phone every time I give someone my address.

Sincerely,

Alden W. Bessey
5600 Division Road
Mountain Home, ID 83647

Debra S. Bessey, 5600 Division Road, stated she agreed with her husband’s testimony and wanted to add that when they bought their property their insurance went to a higher price because of how Mr. Lillicotch maintains his property.

The Right of Way Deed from Mountain Home Highway District to Melvin C. Lillicotch was discussed. Commissioner Rose stated he doesn’t see how the Mountain Home Highway District could grant this promise without the Glenns Ferry Highway District since Division Road is half Mountain Home Highway District and half Glenns Ferry Highway District.

There being no further testimony, the hearing was closed.

Steven Jones appeared during the public portion of the meeting to bring the Board copies of his resume.

Sheriff Layher appeared to discuss the vehicle needed by the Coroner. The Sheriff stated the Coroner would prefer the 1997 Chevrolet Suburban. The Board asked if it was a four wheel drive and the Sheriff did not know. Motion by Ireland, second by Egusquiza, to purchase the 1997 Chevrolet Suburban for the Coroner with funds from Contingency if it was a four wheel drive. The Sheriff will find out on Tuesday.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Rose, second by Egusquiza, to adjourn.

EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk